Section 6 in The Bihar Fish Jalkar Management Act, 2006
6. Long Term Settlement.
- (i) A long term settlement of Jalkars of water area up to four hectares shall be done only with trained fishermen/or trained fishermen self help group selected by the 'Managing Committee'. The long term settlement may be done of only those Jalkars which fulfil at least one of the following conditions:-(a)The Jalkar which has been declared Parta or is in the process of being declared Parta.(b)The Jalkar which has an average depth of less than four feet deep between 15th December to 15th January and there may be a possibility of perennial water retaining capacity by increasing its depth.(c)The Jalkar in which there is a possibility of increasing its water retaining capacity by developing embankments.(d)The Jalkar in which there is a possibility of increasing its water retention capacity upto 50% by making improvement in the water approach system of the Jalkar.(e)The Jalkar pertaining to which letter of consent is received from any Financial Institution, Bank or Government for financial assistance for its proper development.(ii)The information of date and place for the Long Term settlement of selected Jalkars shall be sent to the following by the registered post:(a)All Fishermen Co-operative Societies under whose area of operation the Jalkar is situated;(b)The Mukhia of the concerned Panchayat;(c)The State Level Fishermen Co-operative Federation; and(d)The Block Development Officer, Circle Officer, Divisional Deputy Director (Fisheries), Deputy Development Commissioner and Collector with a request to display it on the notice board of their offices.(iii)In the notice to be issued for settlement the name of Jalkar, full address amount of Reserve deposit and period of settlement shall be mentioned. This notice shall be issued at least twenty one days before the date of settlement.(iv)The beneficiaries shall be selected by the 'Managing Committee' at the rate of one acre per fisherman member. A group leader will be nominated by the 'Managing Committee' in case more than one, beneficiaries are selected.(v)For long term settlement, the District Fisheries Officer shall receive applications only from those trained fishermen who are residents of the same Block in which the Jalkar is situated. If there are more than one trained applicant, the Jalkar shall be settled with fishermen who are residents of the same Block in which the Jalkar is situated. If there are more than one trained applicant, the Jalkar shall be settled with fisherman or group of fishermen whose residence is nearest to the Jalkar.(vi)After settlement the Collector will create charge on the Jalkartor obtaining loan.(vii)The settlement with the beneficiaries shall be made with the following terms:-(a)It shall be compulsory to execute the registered agreement, within one month of the issue of the settlement order. Expenses incurred on registration shall be borne by the beneficiaries,(b)It shall be compulsory to deposit the total amount of reserve deposit of one year within 15 days of the issue of sanction order of the settlement. During the period of settlement, the total amount of reserve deposit of every year shall be deposited prior to 15th July;(c)It will be compulsory for the beneficiary to develop the Jalkar within 2 years from the date of issue of the settlement order;(d)In case of violation of any of the terms of settlement by the beneficiaries, the Collector may cancel the settlement but the beneficiary shall be given an opportunity to be heard before taking such a decision.(e)[ After cancellation of settlement for recovery of arrear amount certificate case shall be filed by the District Fishery Officer and settlement of this Jalkar shall be made under Section 7.] [Added by Bihar Act 13, 2007.]
